Effective August 5, 2026
These Terms of Service (the "Terms") govern your use of Horseshoppe (the "Service"). By using the Service you agree to these Terms. If you do not agree, do not use the Service.
1. What Horseshoppe is (and is not)
Horseshoppe is an advertising and listing venue. We are not a party to, broker of, or guarantor of any sale. Buyers and sellers transact directly with each other. We do not inspect, examine, or verify any horse, and we make no representation about any animal's health, temperament, soundness, registration, training, or fitness for any purpose. Any purchase decision is yours alone, and we strongly recommend an independent pre-purchase veterinary exam.
2. No professional advice; no results
Nothing on the Service is veterinary, legal, financial, or other professional advice. We do not promise that a listing will sell, that you will find a horse, or any other outcome. Paid placements purchase visibility, not results.
3. Accounts and listings
You must provide accurate information, own or be authorized to sell any horse you list, and hold rights to all content you upload. Listings are human-moderated; we may approve, reject, edit, or remove any listing at our sole discretion. Listing fees are for placement and promotion services and are earned when the listing is approved and published; fees are non-refundable except where required by law. You grant us a non-exclusive license to display and promote your listing content, including on social media.
4. Prohibited conduct
No fraudulent, misleading, or unlawful listings; no misrepresentation of an animal; no scraping or harvesting of Service data; no interference with the Service; no listing of stolen animals; no violation of animal welfare or livestock transport laws.
5. Chargebacks
If you dispute a charge with your card issuer without first contacting us at least 14 days in advance to attempt resolution, you are in breach of these Terms, and we may recover the disputed amounts, dispute fees, and reasonable collection costs, and may suspend your account.
6. Disclaimer of warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation.
7. Limitation of liability
To the maximum extent permitted by law, Horseshoppe and its operators are not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, and our total aggregate liability for any claim shall not exceed the greater of the amounts you paid us in the six months before the claim arose or fifty dollars ($50).
8. Indemnification
You will defend, indemnify, and hold harmless Horseshoppe and its operators from claims arising out of your listings, your content, your transactions with other users, or your breach of these Terms or the law.
9. Binding arbitration; class action and jury trial waiver
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by final, binding, confidential arbitration administered by the American Arbitration Association in Salt Lake City, Utah, before a single arbitrator, under the Federal Arbitration Act. You and Horseshoppe each waive the right to a jury trial and to participate in any class, collective, or representative action; all claims must be brought in an individual capacity only. Either party may seek injunctive relief for intellectual property or confidentiality matters in the state or federal courts of Salt Lake County, Utah.
10. Governing law; changes; contact
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. We may update these Terms; continued use after changes constitutes acceptance. Questions: waynard@cappedoutmedia.com.